Jennifer Granick fights for civil liberties in an age of massive surveillance and powerful digital technology. As the new surveillance and cybersecurity counsel with the ACLU's Speech, Privacy and Technology Project, she litigates, speaks, and writes about privacy, security, technology, and constitutional rights. Granick is the author of the bookAmerican Spies: Modern Surveillance, Why You Should Care, and What To Do About It, published by Cambridge Press and winner of the 2016 Palmer Civil Liberties Prize.

Granick spent much of her career helping create Stanford Law School’s Center for Internet and Society. From 2001 to 2007, she was Executive Director of CIS and founded the Cyberlaw Clinic, where she supervised students in working on some of the most important cyberlaw cases that took place during her tenure. For example, she was the primary crafter of a 2006 exception to the Digital Millennium Copyright Act which allows mobile telephone owners to legally circumvent the firmware locking their device to a single carrier. From 2012 to 2017, Granick was Civil Liberties Director specializing in and teaching surveillance law, cybersecurity, encryption policy, and the Fourth Amendment. In that capacity, she has published widely on U.S. government surveillance practices, and helped educate judges and congressional staffers on these issues. Granick also served as the Civil Liberties Director at the Electronic Frontier Foundation from 2007-2010. Earlier in her career, Granick spent almost a decade practicing criminal defense law in California.

Granick’s work is well-known in privacy and security circles. Her keynote, "Lifecycle of a Revolution" for the 2015 Black Hat USA security conference electrified and depressed the audience in equal measure. In March of 2016, she received Duo Security’s Women in Security Academic Award for her expertise in the field as well as her direction and guidance for young women in the security industry. Senator Ron Wyden (D-Ore) has called Granick an "NBA all-star of surveillance law.”

In September 2016, we filed a Petition in the Northern District of California (the federal district court for the Bay Area and much of Northern California) asking the court to unseal years’ worth of surveillance matters filed there. We had our first hearing before the court on May 4.

Senator Chris Coons, Democrat from Delaware, offered a bill today that would delay implementation of proposed changes to Federal Rule of Criminal Procedure 41 for six months. Stanford’s Center for Internet and Society and Mozilla have been studying issues related to government hacking including the Rule 41 changes.

Researchers at the Stanford Center for Internet and Society (CIS) filed a petition yesterday seeking to unseal judicial records in San Francisco federal district court. Their goal is to reveal how the federal government uses U.S. law to obligate smartphone manufacturers and Internet companies to decrypt private user data, turn over encryption keys, or otherwise assist law enforcement with digital surveillance.

On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense.

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Encryption helps human rights workers, activists, journalists, financial institutions, innovative businesses, and governments protect the confidentiality, integrity, and economic value of their activities. However, strong encryption may mean that governments cannot make sense of data they would otherwise be able to lawfully access in a criminal or intelligence investigation.

Arguing that a defendant’s conviction for website hacking should be overturned because legitimate, highly valuable security and privacy research commonly employs techniques that are essentially identical to what the defendant did and that such independent research is of great value to academics, government regulators and the public even when – often especially when — conducted without a website owner’s permission.

Arguing that if the court should not compel Apple to create software to enable unlocking and search of the San Bernardino shooter’s iPhone, it will jeopardize digital and personal security more generally.

After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees.

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This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon.

Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.)

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"Although it would be “unheard of” for the federal government to prosecute a company for using leaked classified information to improve its products, there “are some issues with the fact that the information is classified,” said Jennifer Granick, director of civil liberties at Stanford Law School’s Center for internet and Society.

Given uncertainty about the views of the Justice Department, “I can see why legal counsel at big companies might hesitate to reach out to Julian Assange to negotiate access to classified information,” she said."

"While WikiLeaks has often been criticized for releasing sensitive data without regard for the consequences, Mr. Assange is acting responsibly this time, said Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society. WikiLeaks redacted the actual computer code for C.I.A. exploits from its initial release to avoid spreading such cyberweapons.

"In a pilot venture with SiriusXM Satellite Radio, Stanford is launching two talk programs hosted by faculty members: The Future of Everything, focused on engineering, science and technology, and School’s In, focused on teaching, learning and education.

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Stanford CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry

Welcome to Startup Policy Lab’s The Policy Series, hosted by Runway! For our first October session, we go one-on-one with Jennifer Granick, Director of Civil Liberties at Stanford Center for Internet and Society (CIS).

Speaker: Jennifer Granick, Stanford University NSA stands for National Security Agency, but the agency is at odds with itself in its security mission. Undermining global encryption standards, intercepting Internet companies' data center transmissions, using auto-update to spread malware, and demanding law enforcement back doors in products and services are all business as usual. What legal basis does NSA and FBI have for these demands, and do they make the country more or less safe?

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Jennifer Granick, Director of Civil Liberties, is in this episode discussing Stingray technology.

"Truth and Power" highlights Daniel Rigmaiden, the young tech-genius who exposed STINGRAY - a secret government surveillance technology that hacks into your cell phones. All New Episodes - Fridays at 10 p.m. ET / PT on Pivot. Learn more at http://bit.ly/TruthAndPowerPivot.

""The phone companies may already have data retention obligations under the Communications Act, but there's no additional obligation as a result of USA Freedom having passed," says Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society.

Jennifer Granick, director of civil liberties for the Stanford Center for Internet and Society, said that people aren't really understanding how the Internet is being enforced and legislated because it's become more complicated.